Lewis v. Aetna U.S. Healthcare, Inc.
District Court, N.D. Oklahoma
1Opinion of the Court
ORDER
HOLMES, District Judge.
This matter comes before the Court on Defendant’s notice of removal (Docket # 1) and Defendant’s motion to dismiss (Docket # 8). This case was originally filed on December 21, 1998, in the District Court for Tulsa County, Oklahoma. Defendant undertook to remove the case to federal court by filing a notice of removal on February 5, 1999. Defendant filed its motion to dismiss on February 26, 1999. A hearing was held in this matter on July 8, 1999.
I
To prevail on a motion to dismiss, a defendant must establish that there is no set of circumstances under which the…
2Cases cited42 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Jenkins v. McKeithenSupreme Court of the United States · 1969
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
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3Cited by14 opinions
- Clancy v. Employers Health InsuranceDistrict Court, E.D. Louisiana · 2000
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- Gilbert v. Alta Health & Life InsuranceDistrict Court, N.D. Alabama · 2000
- Hill v. Blue Cross Blue Shield of AlabamaDistrict Court, N.D. Alabama · 2000
- Jabour v. Cigna Healthcare of California, Inc.District Court, C.D. California · 2001
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